Sing v. Warren et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2017 REVOKING plaintiff's in forma pauperis status. The Clerk shall serve a copy of this order on plaintiff and on the Ninth Circuit Court of Appeals. (cc: Ninth Circuit case no. 17-15519) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAM SING,

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No. 2:16-cv-2024-MCE-KJN PS
Plaintiff,

v.

ORDER

GEORGE WARREN, et al.,
Defendants.

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On March 14, 2017, the court dismissed this action without further leave to amend. (ECF

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No. 10.) On March 21, 2017, plaintiff, who had proceeded without counsel and in forma

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pauperis in the district court, filed a notice of appeal. (ECF No. 12.) Thereafter, on March 24,

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2017, the Ninth Circuit Court of Appeals referred this matter to the district court for the limited

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purpose of determining whether in forma pauperis status should continue for the appeal, or

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whether the appeal is frivolous or taken in bad faith. (ECF No. 14.)

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“An appeal may not be taken in forma pauperis if the trial court certifies in writing that it

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is not taken in good faith.” 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302

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F.3d 1091, 1092 (9th Cir. 2002) (revocation of in forma pauperis status appropriate where district

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court finds the appeal to be frivolous). The good faith standard under 28 U.S.C. § 1915 is an

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objective one. Coppedge v. United States, 369 U.S. 438, 445 (1962). A plaintiff satisfies the

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“good faith” requirement if he or she seeks review of any issue that is “not frivolous.” Gardner v.
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Pogue, 558 F.2d 548, 551 (9th Cir. 1977) (quoting Coppedge, 369 U.S. at 445).
For the reasons stated in the December 7, 2016 findings and recommendations (see ECF

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No. 7), adopted by the district judge on March 14, 2017 (ECF No. 10), the court finds that the

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instant appeal is frivolous. The court thus certifies that plaintiff’s appeal is not taken in good

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faith, and concludes that plaintiff’s in forma pauperis status should not continue for purposes of

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the appeal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s in forma pauperis status is REVOKED.

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2. The Clerk of Court is directed to serve a copy of this order on plaintiff and on the

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Ninth Circuit Court of Appeals.
IT IS SO ORDERED.
Dated: March 28, 2017

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